Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.
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In this collection, leading figures in UK and EU public law address seismic changes the field and reflect upon the implications of these changes, the fundamentals of public law, and the interrelationship between them across six themes: legislation, case law, theory, institutions, process, and constitutions.
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1: Elizabeth Fisher, Jeff King and Alison Young: Introduction: Why Fundamentals Matter Part One: Theory 2: Neil Walker: The State and Other Polities; the Diverse Objects of Public Law 3: Janet McLean: The Changing Authority Bases of Administrative Law 4: Nick Barber: Theory: A Commentary Part Two: Legislation 5: Jeff King: The Province of Delegated Legislation 6: Eleanor Sharpston QC: Legislating and Adjudicating: Where and How to Strike the Balance 7: Lord Justice Philip Sales: Legislation: A Commentary Part Three: Case Law 8: Gráinne de Búrca: Connecting National Courts and the ECJ 9: Alison Young: Public Law Cases and the Common Law: A Unique Relationship? 10: Timothy Endicott: Case Law: A Commentary Part Four: The Administrative State: Institutions and Accountability 11: Deirdre Curtin: Beyond Probability: The Accountability of Data Possibility 12: Elizabeth Fisher: The Open Road? Navigating Administrative Institutions and The Failed Promise of Administrative Law 13: Anne Davies: Institutions and Accountability: A Commentary Part Five: The Administrative State: Process and Procedure 14: Carol Harlow and Richard Rawlings: Administrative Law and Administrative Procedure 15: Joana Mendes: Administrative Discretion in EU Law: Judicial and Administrative Review 16: Mark Freedland: Process and Procedure: A Commentary Part Six: Constitutions and Rights 17: Cheryl Saunders: The Challenges of Multi-Layered Constitutionalism 18: Miguel Maduro: The Transformation of Politics and Democracy in and Beyond the State 19: Sionaidh Douglas-Scott: Constitutions and Rights: A Commentary Conclusion 20: Paul Craig: The Fundamentals
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This is an interesting and stimulating collection of essays. It would be possible to engage in an article-length response to each of the chapters. The space at my disposal does not do justice to the quality of the research, argumentation and presentation of the authors ... Craig should be delighted that his ideas and work have generated such a worthy response in this publication.
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Brings together leading scholars and practitioners to focus on the fundamentals of public law and the interrelationship between them Much has been written about changes in public law but less has been said about their continuing implications for the understanding of public law as a discipline Chapters are followed by commentary, providing an engaging dialogue about the central issues in public law
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Elizabeth Fisher is Professor of Environmental Law, Corpus Christi College and Faculty of Law, University of Oxford. Her 2007 book, Risk Regulation and Administrative Constitutionalism, won the 2008 SLS Peter Birks Prize for Outstanding Legal Scholarship 2008. She is also author of Environmental Law: A Very Short Introduction and co-author of Fisher, Lange, and Scotford, Environmental Law: Text, Cases and Materials. She is General Editor of Journal of Environmental Law, Reviews Editor of the OJLS, and has served as the editor of the Legislation and Reports Section of the Modern Law Review. Jeff King is Professor of Law at the Faculty of Laws, University College London. He is the co-editor of Current Legal Problems, formerly the Co-Editor of the UK Constitutional Law Blog, and sits on the editorial committee of Public Law. His Judging Social Rights won the 2014 SLS Peter Birks Prize for Outstanding Legal Scholarship. He is presently an Executive Member of the UK Constitutional Law Association, and member of the UK Study of Parliament Group. In 2017 he was the recipient of a Philip Leverhulme Prize in Law. Alison Young is currently the Sir David Williams Professor of Public Law at the University of Cambridge and a Fellow of Robinson College. She is an executive member of the UK Constitutional Law Association and co-editor of the UKCLA blog. She is also on the editorial Board of European Public Law. She is the author of Democratic Dialogue and the Constitution, for which she was awarded a Leverhulme Research Fellowship from 2013-15, and Parliamentary Sovereignty and the Human Rights Act.
Les mer
Brings together leading scholars and practitioners to focus on the fundamentals of public law and the interrelationship between them Much has been written about changes in public law but less has been said about their continuing implications for the understanding of public law as a discipline Chapters are followed by commentary, providing an engaging dialogue about the central issues in public law
Les mer

Produktdetaljer

ISBN
9780198845249
Publisert
2020
Utgiver
Vendor
Oxford University Press
Vekt
874 gr
Høyde
233 mm
Bredde
161 mm
Dybde
33 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
480

Om bidragsyterne

Elizabeth Fisher is Professor of Environmental Law, Corpus Christi College and Faculty of Law, University of Oxford. Her 2007 book, Risk Regulation and Administrative Constitutionalism, won the 2008 SLS Peter Birks Prize for Outstanding Legal Scholarship 2008. She is also author of Environmental Law: A Very Short Introduction and co-author of Fisher, Lange, and Scotford, Environmental Law: Text, Cases and Materials. She is General Editor of Journal of Environmental Law, Reviews Editor of the OJLS, and has served as the editor of the Legislation and Reports Section of the Modern Law Review. Jeff King is Professor of Law at the Faculty of Laws, University College London. He is the co-editor of Current Legal Problems, formerly the Co-Editor of the UK Constitutional Law Blog, and sits on the editorial committee of Public Law. His Judging Social Rights won the 2014 SLS Peter Birks Prize for Outstanding Legal Scholarship. He is presently an Executive Member of the UK Constitutional Law Association, and member of the UK Study of Parliament Group. In 2017 he was the recipient of a Philip Leverhulme Prize in Law. Alison Young is currently the Sir David Williams Professor of Public Law at the University of Cambridge and a Fellow of Robinson College. She is an executive member of the UK Constitutional Law Association and co-editor of the UKCLA blog. She is also on the editorial Board of European Public Law. She is the author of Democratic Dialogue and the Constitution, for which she was awarded a Leverhulme Research Fellowship from 2013-15, and Parliamentary Sovereignty and the Human Rights Act.